If the examination of the request for treatment of the overindebtedness situation reveals that the debtor is in the irremediably compromised situation defined in the second paragraph of article L. 724-1 and only owns assets mentioned in 1° of the same article L. 724-1, the commission shall impose a personal recovery without judicial liquidation.
In the absence of a challenge under the conditions set out in article L. 741-4, personal recovery without judicial liquidation entails the wiping out of all the debtor’s professional and non-professional debts as at the date of the commission’s decision, with the exception of the debts mentioned in articles L. 711-4 and L. 711-5 and debts the amount of which has been paid in place of the debtor by the…
Claims whose holders have not been notified of the decision imposed by the commission and have not contested this decision within the period set by decree mentioned in Article L. 741-4 are extinguished.
A party may challenge before the protection litigation judge, within a time limit set by decree, the personal recovery without judicial liquidation imposed by the commission.
Before ruling, the judge may publish a call for creditors. He may verify, even of his own motion, the validity of the claims and the documents evidencing them as well as the amount of the sums claimed and ensure that the debtor is indeed in the situation referred to in article L. 711-1. It may also prescribe any investigative measure it deems useful. Notwithstanding any provision to the contrary, the…
If the judge finds that the debtor is in the situation referred to in 1° of article L. 724-1, the judge shall order a personal recovery without judicial liquidation, which shall have the same effects as those mentioned in Article L. 741-2. Debts whose holders have not lodged a third-party objection within a period set by decree are extinguished. However, in this case, debts are stopped on the date of…
When the protection litigation judge rules pursuant to article L. 733-13, personal recovery without judicial liquidation has the effects mentioned in article L. 741-2. However, in this case, the debts are stopped on the date of the judgment pronouncing personal recovery without judicial liquidation.
Debts whose holders have not lodged a third-party objection within a period set by decree are extinguished.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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